AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on April 23, 2010, effective on July 1, 2010. Rule 4.530. Intercounty probation case transfer ................................................................ 1 Rule 4.700. Firearm relinquishment procedures for criminal protective orders ................ 4 Rule 5.502.

Definitions and use of terms ............................................................................ 6 Rule 5.565. Hearing on subsequent and supplemental petitions (§§ 342, 364, 386, 387) .. 7 Rule 5.690. General conduct of disposition hearing .......................................................... 8 Rule 5.708. General review hearing requirements............................................................. 8 Rule 5.715. Twelve-month permanency hearing ............................................................. 10 Rule 5.720.

Eighteen-month permanency review hearing ............................................... 10 Rule 5.722. Twenty-four-month subsequent permanency review hearing ...................... 11 Rule 5.725. Selection of permanent plan (§§ 366.26, 727.31) ......................................... 12 Rule 5.726. Prospective adoptive parent designation (§ 366.26(n)) ................................ 15 Rule 5.727. Proposed removal (§ 366.26(n)) ................................................................... 16 Rule 5.728.

Emergency removal (§ 366.26(n)) ............................................................... 17 Rule 5.730. Adoption ....................................................................................................... 17 Rule 5.740. Hearings subsequent to a permanent plan (§§ 366.26, 366.3, 391) ............. 18 Rule 7.703. Extraordinary compensation .......................................................................... 19 Rule 8.25. Service and filing............................................................................................ 20 Rule 8.70.

Purpose, application, and construction ........................................................... 21 Rule 8.71.

Definitions ...................................................................................................... 21 Rule 8.72. Documents that may be filed electronically ................................................... 22 Rule 8.73. Court order requiring electronic service or filing ........................................... 23 Rule 8.74. Responsibilities of court ................................................................................. 24 Rule 8.75. Contracts with electronic filing service providers .......................................... 24 Rule 8.76.

Responsibilities of electronic filer .................................................................. 25 Rule 8.77. Requirements for signatures on documents .................................................... 26 Rule 8.78. Payment of filing fees..................................................................................... 27 Rule 8.79. Actions by court on receipt of electronic filing .............................................. 28 Rule 8.80. Electronic service ........................................................................................... 29 Rule 8.104.

Time to appeal .............................................................................................. 31 Rule 8.216. Appeals in which a party is both appellant and respondent ......................... 32 Rule 8.308. Time to appeal .............................................................................................. 32 Rule 8.406. Time to appeal .............................................................................................. 32

Rule 8.450. Notice of intent to file writ petition to review order setting hearing under Welfare and Institutions Code

section 366.26 .................................................................. 33 Rule 8.454. Notice of intent to file writ petition under Welfare and Institutions Code

section 366.28 to review order designating specific placement of a dependent child after termination of parental rights ............................................................................................ 34 Rule 8.500. Petition for review ........................................................................................ 34 Rule 8.817. Service and filing.......................................................................................... 35 Rule 8.822. Time to appeal .............................................................................................. 35 Rule 8.835.

Record when trial proceedings were officially electronically recorded ....... 36 Rule 8.853. Time to appeal .............................................................................................. 36 Rule 8.868. Record when trial proceedings were officially electronically recorded ....... 36 Rule 8.902. Time to appeal .............................................................................................. 37 Rule 8.917. Record when trial proceedings were officially electronically recorded ....... 37 Rule 10.603.

Authority and duties of presiding judge ..................................................... 38 Rule 10.703. Complaints against subordinate judicial officers Subordinate judicial officers: complaints and notice requirements ................................................................... 39 Rule 10.856. Notice of superior court records destruction .............................................. 40

1 Rule 4.530. Intercounty probation case transfer 1 2 (

a) Application 3 4 This rule applies to intercounty probation case transfers under Penal Code

section 5 1203.9. It does not apply to transfers of cases in which probation has been granted 6 under Penal Code

section 1210.1. 7 8 (

b) Definitions 9 10 As used in this rule: 11 12 (1) “Transferring court” means the superior court of the county in which the 13 probationer is supervised on probation. 14 15 (2) “Receiving court” means the superior court of the county to which transfer of 16 the case and probation supervision is proposed. 17 18 (

c) Motion 19 20 Transfers may be made only after noticed motion in the transferring court. 21 22 (

d) Notice 23 24

(1) If transfer is requested by the probation officer of the transferring county, the 25 probation officer must provide written notice of the date, time, and place set 26 for hearing on the motion to: 27 28 (

A) The presiding judge of the receiving court or his or her designee; 29 30 (

B) The probation officer of the receiving county or his or her designee; 31 32 (

C) The prosecutor of the transferring county; 33 34 (

D) The victim (if any); 35 36 (

E) The probationer; and 37 38 (

F) The probationer’s last counsel of record (if any). 39 40

(2) If transfer is requested by any other party, the party must first request in 41 writing that the probation officer of the transferring county notice the motion. 42 The party may make the motion to the transferring court only if the probation 43 officer refuses to do so. The probation officer must notify the party of his or 44 her decision within 30 days of the party’s request. Failure by the probation 45

2 officer to notify the party of his or her decision within 30 days is deemed a 1 refusal to make the motion. 2 3

(3) If the party makes the motion, the motion must include a declaration that the 4 probation officer has refused to bring the motion, and the party must provide 5 written notice of the date, time, and place set for hearing on the motion to: 6 7 (

A) The presiding judge of the receiving court or his or her designee; 8 9 (

B) The probation officers of the transferring and receiving counties or 10 their designees; 11 12 (

C) The prosecutor of the transferring county; 13 14 (

D) The probationer; and 15 16 (

E) The probationer’s last counsel of record (if any). 17 18 Upon receipt of notice of a motion for transfer by a party, the probation 19 officer of the transferring county must provide notice to the victim, if any. 20 21

(4) Notice of a transfer motion must be given at least 60 days before the date set 22 for hearing on the motion. 23 24

(5) Before deciding a transfer motion, the transferring court must confirm that 25 notice was given to the receiving court as required by (1) and (3). 26 27 (

e) Comment 28 29

(1) No later than 10 days before the date set for hearing on the motion, the 30 receiving court may provide comments to the transferring court regarding the 31 proposed transfer. 32 33

(2) Any comments provided by the receiving court must be in writing and signed 34 by a judge and must state why transfer is or is not appropriate. 35 36

(3) Before deciding a transfer motion, the transferring court must state on the 37 record that it has received and considered any comments provided by the 38 receiving court. 39 40 (

f) Factors 41 42 The transferring court must consider at least the following factors when 43 determining whether transfer is appropriate: 44 45

(1) The permanency of the probationer’s residence. As used in this subdivision, 1 “residence” means the place where the probationer customarily lives 2 exclusive of employment, school, or other special or temporary purpose. A 3 probationer may have only one residence. The fact that the probationer 4 intends to change residence to the receiving county, without further evidence 5 of how, when, and why this is to be accomplished, is insufficient to transfer 6 probation; 7 8

(2) The availability of appropriate programs for the offender, including substance 9 abuse, domestic violence, sex offender, and collaborative court programs; 10 11

(3) Restitution orders, including whether transfer would impair the ability of the 12 receiving court to determine a restitution amount or impair the ability of the 13 victim to collect court-ordered restitution; and 14 15

(4) Victim issues, including: 16 17 (

A) The residence and places frequented by the victim, including school 18 and workplace; and 19 20 (

B) Whether transfer would impair the ability of the court, law 21 enforcement, or the probation officer of the transferring county to 22 properly enforce protective orders. 23 24 (

g) Transfer 25 26

(1) If the transferring court determines that the permanent residence of the 27 probationer is in the county of the receiving court, the transferring court must 28 transfer the case unless it determines that transfer would be inappropriate and 29 states its reasons on the record. 30 31

(2) To the extent possible, the transferring court must establish any amount of 32 restitution owed by the probationer before it orders the transfer. 33 34

(3) Upon transfer of the case, the receiving court must accept the entire 35 jurisdiction over the case. 36 37

(4) The orders for transfer must include an order committing the probationer to 38 the care and custody of the probation officer of the receiving county and an 39 order for reimbursement of reasonable costs for processing the transfer to be 40 paid to the county of the transferring court in accordance with Penal Code 41

section 1203.1b. 42 43

(5) The transferring court must transmit any records of payments and the entire 44 court file, except exhibits, to the receiving court within two weeks of the 45 transfer order. 46

4 1

(6) The probation officer of the transferring county must transmit, at a minimum, 2 any court orders, probation reports, case plans, and all records of payments to 3 the probation officer of the receiving county within two weeks of the transfer 4 order. 5 6

(7) Upon transfer of the case, the probation officer of the transferring county 7 must notify the probationer of the transfer order. The probationer must report 8 to the probation officer of the receiving county no later than 30 days after 9 transfer unless the transferring court orders the probationer to report sooner. 10 If the probationer is in custody at the time of transfer, the probationer must 11 report to the probation officer of the receiving county no later than 30 days 12 after being released from custody unless the transferring court orders the 13 probationer to report sooner.

Any jail sentence imposed as a condition of 14 probation prior to transfer must be served in the transferring county unless 15 otherwise authorized by law. 16 17 Rule 4.530 adopted effective July 1, 2010. 18 19 21 Advisory Committee Comment 20 25 Subdivision (g)(5) requires the transferring court to transmit the entire court file, except exhibits, 22 to the court of the receiving county.

Before transmitting the court file, transferring courts should 23 consider retaining copies of the court file in the event of an appeal or a writ. 24 31 Subdivision (g)(7) clarifies that any jail sentence imposed as a condition of probation before 26 transfer must be served in the transferring county unless otherwise authorized by law. For 27 example, Penal Code

section 1208.5 authorizes the boards of supervisors of two or more counties 28 with work furlough programs to enter into agreements to allow work-furlough-eligible persons 29 sentenced to or imprisoned in one county jail to transfer to another county jail. 30 Rule 4.700. Firearm relinquishment procedures for criminal protective orders 32 33 (

a) Application of rule 34 35 This rule applies when a court issues a criminal protective order under Penal Code 36

section 136.2 during a criminal case or as a condition of probation under Penal 37 Code

section 1203.097(a)(2) against a defendant charged with a crime of domestic 38 violence as defined in Penal Code

section 13700. 39 40 (

b) Purpose 41 42 This rule is intended to: 43 44

(1) Assist courts issuing criminal protective orders to determine whether a 45 defendant subject to such an order owns, possesses, or controls any firearms; 46 and 47

5 1

(2) Assist courts that have issued criminal protective orders to determine whether 2 a defendant has complied with the court’s order to relinquish or sell the 3 firearms under Code of Civil Procedure

section 527.9. 4 5 (

c) Setting review hearing 6 7

(1) At any hearing where the court issues a criminal protective order, the court 8 must consider all credible information, including information provided on 9 behalf of the defendant, to determine if there is good cause to believe that the 10 defendant has a firearm within his or her immediate possession or control. 11 12

(2) If the court finds good cause to believe that the defendant has a firearm 13 within his or her immediate possession or control, the court must set a review 14 hearing to ascertain whether the defendant has complied with the requirement 15 to relinquish the firearm as specified in Code of Civil Procedure

section 16 527.9. Unless the defendant is in custody at the time, the review hearing 17 should occur within two court days after issuance of the criminal protective 18 order. If circumstances warrant, the court may extend the review hearing to 19 occur within 5 court days after issuance of the criminal protective order. The 20 court must give the defendant an opportunity to present information at the 21 review hearing to refute the allegation that he or she owns any firearms.

If the 22 defendant is in custody at the time the criminal protective order is issued, the 23 court should order the defendant to appear for a review hearing within two 24 court days after the defendant’s release from custody. 25 26

(3) If the proceeding is held under Penal Code

section 136.2, the court may, 27 under Penal Code

section 977(a)(2), order the defendant to personally appear 28 at the review hearing. If the proceeding is held under Penal Code

section 29 1203.097, the court should order the defendant to personally appear. 30 31 (

d) Review hearing 32 33

(1) If the court has issued a criminal protective order under Penal Code

section 34 136.2, at the review hearing: 35 36 (

A) If the court finds that the defendant has a firearm in or subject to his or 37 her immediate possession or control, the court must consider whether 38 bail, as set, or defendant’s release on own recognizance is appropriate. 39 40 (

B) If the defendant does not appear at the hearing and the court orders that 41 bail be revoked, the court should issue a bench warrant. 42 43

(2) If the criminal protective order is issued as a condition of probation under 44 Penal Code

section 1203.097, and the court finds at the review hearing that 45

6 the defendant has a firearm in or subject to his or her immediate possession 1 or control, the court must proceed under Penal Code

section 1203.097(a)(12). 2 3

(3) In any review hearing to determine whether a defendant has complied with 4 the requirement to relinquish firearms as specified in Code of Civil Procedure 5

section 527.9, the burden of proof is on the prosecution. 6 7 Rule 4.700 adopted effective July 1, 2010. 8 9 11 Advisory Committee Comment 10 20 When issuing a criminal protective order under Penal Code

section 136.2 or 1203.097(a)(2), the 12 court is required to order a defendant “to relinquish any firearm in that person’s immediate 13 possession or control, or subject to that person’s immediate possession or control . . . .” (Code 14 Civ.

Proc., § 527.9(b).) Mandatory Judicial Council form CR-160, Criminal Protective Order— 15 Domestic Violence, includes a mandatory order in bold type that the defendant “must surrender to 16 local law enforcement or sell to a licensed gun dealer any firearm owned or subject to his or her 17 immediate possession or control within 24 hours after service of this order and must file a receipt 18 with the court showing compliance with this order within 48 hours of receiving this order.” 19 24 Courts are encouraged to develop local procedures to calendar review hearings for defendants in 21 custody beyond the two-court-day time frame to file proof of firearms relinquishment with the 22 court under Code of Civil Procedure

section 527.9. 23 Rule 5.502.

Definitions and use of terms 25 26

Definitions (§§ 202(e), 319, 361, 361.5(a)(3), 366(a)(1)(B), 628.1, 636, 726, 727.3(c)(2), 27 727.4(d); 20 U.S.C. § 1415) 28 29 As used in these rules, unless the context or subject matter otherwise requires: 30 31 (1)–(19) *** 32 33 36 (20) “Modification of parental rights” means a modification of parental rights through a 34 tribal customary adoption under Welfare and Institutions Code

section 366.24. 35 (20)(21) 37 38 (21)(22) 39 40 (22)(23) 41 42 (23)(24) “Preadoptive parent” means a licensed foster parent who has been approved 43 to adopt a child by the California State Department of Social Services, when it is 44 acting as an adoption agency, or by a licensed adoption agency, or, in the case of an 45 Indian child for whom tribal customary adoption is the permanent plan, the 46 individual designated by the child’s identified Indian tribe as the prospective 47 adoptive parent. 48

7 1 (24)(25)–(33)(34) *** 2 3 (35) 9 “Tribal customary adoption” means adoption by and through the tribal custom, 4 traditions, or law of an Indian child’s tribe as defined in Welfare and Institutions 5 Code

section 366.24 and to which a juvenile court may give full faith and credit 6 under 366.26(e)(2). Termination of parental rights is not required to effect a tribal 7 customary adoption. 8 Rule 5.502 amended effective July 1, 2010; adopted as rule 1401 effective January 1, 1990; 10 previously amended and renumbered effective January 1, 2007; previously amended effective 11 July 1, 1992, July 1, 1997, January 1, 1998, January 1, 1999, January 1, 2001, July 1, 2002, 12 January 1, 2003, and January 1, 2008. 13 14 Rule 5.565. Hearing on subsequent and supplemental petitions (§§ 342, 364, 386, 15 387) 16 17 (a)–(c) *** 18 19 (

d) Initial hearing (§ 387) 20 21

Chapter 1312,

article 1 of these rules applies to the case of a child who is the 22 subject of a supplemental or subsequent petition. 23 24 (Subd (

d) amended effective July 1, 2010; adopted as subd (d); previously amended and 25 relettered as subd (

c) effective January 1, 2001; previously amended and relettered 26 effective January 1, 2006; previously amended effective January 1, 2007.) 27 28 (

e) Requirement for bifurcated hearing 29 30 The hearing on a subsequent or supplemental petition must be conducted as 31 follows: 32 33

(1) The procedures relating to jurisdiction hearings prescribed in

chapter 1312, 34

article 2 apply to the determination of the allegations of a subsequent or 35 supplemental petition. At the conclusion of the hearing on a subsequent 36 petition the court must make a finding that the allegations of the petition are 37 or are not true. At the conclusion of the hearing on a supplemental petition 38 the court must make findings that: 39 40 (A)–(B) *** 41 42

(2) The procedures relating to disposition hearings prescribed in

chapter 1312, 43

article 3 apply to the determination of disposition on a subsequent or 44 supplemental petition. If the court finds under a subsequent petition that the 45 child is described by

section 300(a), (d), or (e), the court must remove the 46

8 child from the physical custody of the parent or guardian, if removal was not 1 ordered under the previous disposition. 2 3 (Subd (

e) amended effective July 1, 2010; adopted as subd (e); previously amended and 4 relettered as subd (

d) effective January 1, 2001; previously relettered effective January 1, 5 2006; previously amended effective January 1, 2007.) 6 7 (f) *** 8 9 Rule 5.565 amended effective July 1, 2010; adopted as rule 1431 effective January 1, 1990; 10 previously amended effective January 1, 1992, July 1, 1995, January 1, 1999, July 1, 1999, 11 January 1, 2001, and January 1, 2006; previously amended and renumbered effective January 1, 12 2007. 13 14 Rule 5.690. General conduct of disposition hearing 15 16 (a)–(b) *** 17 18 (

c) Case plan (§ 16501.1) 19 20 Whenever child welfare services are provided, the social worker must prepare a 21 case plan. 22 23 (1) *** 24 25

(2) The court must consider the case plan and must find as follows: 26 27 (

A) The social worker solicited and integrated into the case plan the input 28 of the child, the child’s family, the child’s identified Indian tribe, 29 including consultation with the child’s tribe on whether tribal 30 customary adoption as defined in

section 366.24 is an appropriate 31 permanent plan for the child if reunification is unsuccessful; and other 32 interested parties, or 33 34 (B) *** 35 36 (3) *** 37 38 (Subd (

c) amended effective July 1, 2010; adopted effective January 1, 2007; previously 39 amended effective January 1, 2009.) 40 41 Rule 5.690 amended effective July 1, 2010; adopted as rule 1455 effective January 1, 1991; 42 previously amended and renumbered effective January 1, 2007; previously amended effective 43 July 1, 1995, January 1, 2000, and January 1, 2009. 44 45 Rule 5.708. General review hearing requirements 46 47

9 (a)–(b) *** 1 2 (

c) Reports (§§ 366.05, 366.1, 366.21, 366.22, 366.25) 3 4 Before the hearing, the social worker must investigate and file a report describing 5 the services offered to the family, progress made, and, if relevant, the prognosis for 6 return of the child to the parent or legal guardian. 7 8 (1) *** 9 10

(2) At least 10 calendar days before the hearing, the social worker must file the 11 report and provide copies to the parent or legal guardian and his or her 12 counsel, to counsel for the child, and to any CASA volunteer, and, in the case 13 of an Indian child, to the child’s identified Indian tribe. The social worker 14 must provide a

summary of the recommendations to any foster parents, 15 relative caregivers, or certified foster parents who have been approved for 16 adoption. 17 18 (3) *** 19 20 (Subd (

c) amended effective July 1, 2010.) 21 22 (d)–(f) *** 23 24 (

g) Case plan (§§ 16001.9, 16501.1) 25 26 The court must consider the case plan submitted for the hearing and must find as 27 follows: 28 29 (1)–(4) *** 30 31

(5) In the case of an Indian child, the agency consulted with the child’s tribe and 32 the tribe was actively involved in the development of the case plan and plan 33 for permanent placement, including consideration of whether tribal 34 customary adoption is an appropriate permanent plan for the child if 35 reunification is unsuccessful; or 36 37

(6) In the case of an Indian child, the agency did not consult with the child’s 38 tribe. If the court makes such a finding, the court must order the agency to 39 consult with the tribe, unless the court finds that the tribe is unable, 40 unavailable, or unwilling to participate; and 41 42 (5)(7) *** 43 44 (Subd (

g) amended effective July 1, 2010.) 45 46

10 (h)–(o) *** 1 2 Rule 5.708 amended effective July 1, 2010; adopted effective January 1, 2010. 3 4 Rule 5.715. Twelve-month permanency hearing 5 6 (a) *** 7 8 (

b) Determinations and conduct of hearing (§§ 361.5, 366, 366.1, 366.21) 9 10 At the hearing, the court and all parties must comply with all relevant requirements 11 and procedures in rule 5.708, General review hearing requirements. The court must 12 make all appropriate findings and orders specified in rule 5.708 and proceed as 13 follows: 14 15 (1)–(4) *** 16 17

(5) If the child is not returned to his or her parent or legal guardian, the court 18 must consider and state, for the record, in-state and out-of-state options for 19 permanent placement., including, in the case of an Indian child, whether: 20 21 (

A) The agency has consulted the child’s tribe about tribal customary 22 adoption; 23 24 (

B) The child’s tribe concurs with tribal customary adoption; and 25 26 (

C) Tribal customary adoption is an appropriate permanent plan for the 27 child. 28 29 (Subd (

b) amended effective July 1, 2010; repealed and adopted as subd (c)(2); previously 30 amended effective January 1, 1992, January 1, 1993, January 1, 1995, July 1, 1995, July 1, 31 1997, January 1, 1999, January 1, 2004, January 1, 2005, and January 1, 2007; previously 32 amended and relettered as subd (

c) effective July 1, 1999, as subd (

d) effective January 1, 33 2002, as subd (

c) effective January 1, 2001, and as subd (

b) effective January 1, 2010.) 34 35 Rule 5.715 amended effective July 1, 2010; adopted as rule 1461 effective January 1, 1990; 36 previously amended and renumbered effective January 1, 2007; previously amended effective 37 January 1, 1992, January 1, 1993, January 1, 1994, January 1, 1995, July 1, 1995, July 1, 1997, 38 January 1, 1999, July 1, 1999, January 1, 2000, January 1, 2001, January 1, 2004, January 1, 39 2005, January 1, 2006, and January 1, 2010. 40 41 Rule 5.720. Eighteen-month permanency review hearing 42 43 (a) *** 44 45 (

b) Determinations and conduct of hearing (§§ 361.5, 366.22) 46 47

11 At the hearing the court and all parties must comply with all relevant requirements 1 and procedures in rule 5.708, General review hearing requirements. The court must 2 make all appropriate findings and orders specified in rule 5.708 and proceed as 3 follows: 4 5 (1)–(3) *** 6 7

(4) If the child is not returned to his or her parent or legal guardian, the court 8 must consider and state, for the record, in-state and out-of-state options for 9 permanent placement., including, in the case of an Indian child, whether: 10 11 (

A) The agency has consulted the child’s tribe about tribal customary 12 adoption; 13 14 (

B) The child’s tribe concurs with tribal customary adoption; and 15 16 (

C) Tribal customary adoption is an appropriate permanent plan for the 17 child. 18 19 (Subd (

b) amended effective July 1, 2010; repealed and adopted as subd (b); previously 20 amended effective July 1, 1991, January 1, 1992, January 1, 1993, January 1, 1995, July 1, 21 1995, January 1, 1999, July 1, 1999, January 1, 2006, July 1, 2006, January 1, 2007, and 22 July 1, 2007; previously amended and relettered as subd (

c) effective January 1, 2005, and 23 as subd (

b) effective January 1, 2010.) 24 25 Rule 5.720 amended effective July 1, 2010; repealed and adopted as rule 1462 effective January 26 1, 1990; previously amended and renumbered effective January 1, 2007; previously amended 27 effective July 1, 1991, January 1, 1992, January 1, 1993, January 1, 1994, January 1, 1995, July 28 1, 1995, July 1, 1997, January 1, 1999, July 1, 1999, January 1, 2001, January 1, 2005, January 29 1, 2006, July 1, 2006, July 1, 2007, and January 1, 2010. 30 31 Rule 5.722. Twenty-four-month subsequent permanency review hearing 32 33 (a) *** 34 35 (

b) Determinations and conduct of hearing (§ 366, 366.1, 366.25) 36 37 At the hearing, the court and all parties must comply with all relevant requirements 38 and procedures in rule 5.708, General review hearing requirements. The court must 39 make all appropriate findings and orders specified in rule 5.708 and proceed as 40 follows: 41 42 (1)–(2) *** 43 44

(3) If the child is not returned to his or her parent or legal guardian, the court 45 must consider and state, for the record, in-state and out-of-state options for 46 permanent placement., including, in the case of an Indian child, whether: 47

12 1 (

A) The agency has consulted the child’s tribe about tribal customary 2 adoption; 3 4 (

B) The child’s tribe concurs with tribal customary adoption; and 5 6 (

C) Tribal customary adoption is an appropriate permanent plan for the 7 child. 8 9 (Subd (

b) amended effective July 1, 2010.) 10 11 Rule 5.722 amended effective July 1, 2010; adopted effective January 1, 2010. 12 13 Rule 5.725. Selection of permanent plan (§§ 366.26, 727.31) 14 15 (a)–(c) *** 16 17 (

d) Conduct of hearing 18 19 At the hearing, the court must state on the record that the court has read and 20 considered the report of petitioner, the report of any CASA volunteer, the case plan 21 submitted for this hearing, any report submitted by the child's caregiver under 22

section 366.21(d), and any other evidence, and must proceed as follows: 23 24

(1) In the case of an Indian child, after the agency has consulted with the tribe, 25 when the court has determined with the concurrence of the tribe that tribal 26 customary adoption is the appropriate permanent plan for the child, order a 27 tribal customary adoption in accordance with

section 366.24; or 28 29 (1)

(2) Order parental rights terminated and the child placed for adoption if the 30 court determines, by clear and convincing evidence, that it is likely the child 31 will be adopted, unless: 32 33 (A)–(B) *** 34 35 (

C) The court finds a compelling reason to determine that termination 36 would be detrimental to the child because of the existence of one of the 37 following circumstances: 38 39 (i)–(v) *** 40 41 (vi) The child is an Indian child and termination of parental rights 42 would substantially interfere with the child’s connection to his or 43 her tribal community or the child’s tribal membership rights, or 44 the child’s tribe has identified guardianship, long-term foster care 45 with a fit and willing relative, tribal customary adoption, or 46

13 another planned permanent living arrangement as the appropriate 1 permanent plan for the child. 2 3 (2)(3) *** 4 5 (3)(4) *** 6 7 (4)

(5) If the court finds termination of parental rights to be detrimental to the child 8 for reasons stated in (1)(2)(B), the court must state the reasons in writing or 9 on the record. 10 11 (5)

(6) If termination of parental rights would not be detrimental to the child, but the 12 child is difficult to place for adoption because the child (1) is a member of a 13 sibling group that should stay together; (2) has a diagnosed medical, physical, 14 or mental handicap; or (3) is 7 years of age or older and no prospective 15 adoptive parent is identified or available, the court may, without terminating 16 parental rights, identify adoption as a permanent placement goal and order 17 the public agency responsible for seeking adoptive parents to make efforts to 18 locate an appropriate adoptive family for a period not to exceed 180 days. 19 During the 180-day period, in order to identify potential adoptive parents, the 20 agency responsible for seeking adoptive parents for each child must, to the 21 extent possible, ask each child who is 10 years of age or older and who is 22 placed in out-of-home placement for six months or longer to identify any 23 individuals who are important to the child.

The agency may ask any other 24 child to provide that information, as appropriate. After that period the court 25 must hold another hearing and proceed according to (1), (2), or (6)(7). 26 27 (6)

(7) If the court finds that (1)(2)(

A) or (1)(2)(

B) applies, the court must appoint 28 the present custodian or other appropriate person to become the child's legal 29 guardian or must order the child to remain in foster care. 30 31 (A)–(E) *** 32 33 (7)

(8) The court must consider the case plan submitted for this hearing and must 34 find as follows: 35 36 (A) *** 37 38 (

B) The child was not actively involved in the development of his or her 39 own case plan and plan for permanent placement, including being 40 asked for a statement regarding his or her permanent placement plan 41 and the case plan does not contain the social worker's assessment of 42 those stated wishes. If the court makes such a finding, the court must 43 order the agency to actively involve the child in the development of his 44 or her own case plan and plan for permanent placement, including 45 asking the child for a statement regarding his or her permanent plan, 46

14 unless the court finds that the child is unable, unavailable, or unwilling 1 to participate. If the court finds that the case plan does not contain the 2 social worker's assessment of the child's stated wishes, the court must 3 order the agency to submit the assessment to the court.; and 4 5 (

C) In the case of an Indian child, the agency consulted with the child’s 6 tribe and the tribe was actively involved in the development of the case 7 plan and plan for permanent placement, including consideration of 8 whether tribal customary adoption is an appropriate permanent plan for 9 the child if reunification is unsuccessful; or 10 11 (

D) In the case of an Indian child, the agency did not consult with the 12 child’s tribe. If the court makes such a finding, the court must order the 13 agency to consult with the tribe, unless the court finds that the tribe is 14 unable, unavailable, or unwilling to participate. 15 16 (8)(9) *** 17 18 (9)(10) *** 19 20 (Subd (

d) amended effective July 1, 2010; repealed and adopted as subd (c); previously 21 amended and relettered as subd (

d) effective January 1, 1992, and as subd (

e) effective 22 January 1, 2005; previously amended effective July 1, 1994, January 1, 1999, July 1, 1999, 23 July 1, 2002, January 1, 2006, January 1, 2007, and January 1, 2009; previously relettered 24 effective January 1, 2010.) 25 26 (

e) Procedures— -termination of parental rights adoption 27 28

(1) The court may not terminate parental rights or order adoption if a review of 29 the prior findings and orders reveals that at each and every prior hearing at 30 which the court was required to consider reasonable efforts or services the 31 court found that reasonable efforts had not been made or that reasonable 32 services had not been offered or provided. If at any prior hearing the court 33 found that reasonable efforts had been made or that reasonable services had 34 been offered or provided, the court may terminate parental rights. 35 36

(2) An order of the court terminating parental rights, ordering adoption under 37

section 366.26, or, in the case of an Indian child, ordering tribal customary 38 adoption under

section 366.24 is conclusive and binding on the child, the 39 parent, and all other persons who have been served under the provisions of 40

section 294. The order may not be set aside or modified by the court, except 41 as provided in rules 5.538, 5.540, and 5.542 with regard to orders by a 42 referee. 43 44

(3) If the court declares the child free from custody and control of the parents, 45 the court must at the same time order the child referred to a licensed county 46 adoption agency for adoptive placement. A petition for adoption of the child 47

15 may be filed and heard in the juvenile court, but may not be granted until the 1 appellate rights of the natural parents have been exhausted. 2 3

(4) In the case of an Indian child for whom tribal customary adoption has been 4 ordered in accordance with

section 366.24, the court may continue the 5 hearing for up to 120 days to permit the tribe to complete the process for 6 tribal customary adoption. In its discretion, the court may grant a further 7 continuance not exceeding 60 days. 8 9 (

A) No less than 20 days before the date set for the continued hearing, the 10 tribe must file the completed tribal customary adoption order with the 11 court. 12 13 (

B) The social worker must file an addendum report with the court at least 14 7 days before the hearing. 15 16 (

C) If the tribe does not file the tribal customary adoption order within the 17 designated time period, the court must make new findings and orders 18 under

section 366.26(

b) and select a new permanent plan for the child. 19 20 (Subd (

e) amended effective July 1, 2010; adopted as subd (d); previously amended 21 effective July 1, 1992, January 1, 1995, July 1, 2002, January 1, 2006, and January 1, 22 2007; previously relettered as subd (

e) effective January 1, 1992, as subd (

f) effective 23 January 1, 2005, and as subd (

e) effective January 1, 2010.) 24 25 (f)–(h) *** 26 27 Rule 5.725 amended effective July 1, 2010; repealed and adopted as rule 1463 effective January 28 1, 1991; previously amended and renumbered effective January 1, 2007; previously amended 29 effective January 1, 1992, July 1, 1992, January 1, 1994, July 1, 1994, January 1, 1995, July 1, 30 1995, July 1, 1997, January 1, 1999, July 1, 1999, July 1, 2002, January 1, 2005, January 1, 31 2006, January 1, 2009, and January 1, 2010. 32 33 Rule 5.726. Prospective adoptive parent designation (§ 366.26(n)) 34 35 (

a) Request procedure 36 37 A dependent child's caregiver may be designated as a prospective adoptive parent. 38 The court may make the designation on its own motion or on a request by a 39 caregiver, the child, a social worker, the child’s identified Indian tribe, or the 40 attorney for any of these parties. 41 42

(1) A request for designation as a prospective adoptive parent may be made at a 43 hearing where parental rights are terminated or a plan of tribal customary 44 adoption is ordered or thereafter, whether or not the child's removal from the 45 home of the prospective adoptive parent is at issue. 46 47

16 (2)–(4) *** 1 2 (Subd (

a) amended effective July 1, 2010; previously amended effective January 1, 2007, 3 and January 1, 2008.) 4 5 (

b) Criteria for designation as prospective adoptive parent 6 7 A caregiver must meet the following criteria to be designated as a prospective 8 adoptive parent: 9 10 (1)–(2) *** 11 12

(3) The caregiver has taken at least one step to facilitate the adoption process. 13 Steps to facilitate the adoption process include: 14 15 (A)–(C) *** 16 17 (

D) In the case of an Indian child when tribal customary adoption has been 18 identified as the child’s permanent plan, the child’s identified Indian 19 tribe has designated the caregiver as the prospective adoptive parent; 20 21 (D)(E) *** 22 23 (E)(F) *** 24 25 (F)(G) *** 26 27 (G)(H) *** 28 29 (H)(I) *** 30 31 (Subd (

b) amended effective July 1, 2010; previously amended effective January 1, 2007.) 32 33 (c)–(f) *** 34 35 Rule 5.726 amended effective July 1, 2010; adopted as rule 1463.1 effective July 1, 2006; 36 previously amended and renumbered effective January 1, 2007; previously amended effective 37 January 1, 2008. 38 39 Rule 5.727. Proposed removal (§ 366.26(n)) 40 41 (

a) Application of rule 42 43 This rule applies, after termination of parental rights or, in the case of tribal 44 customary adoption, modification of parental rights, to the removal by the 45 Department of Social Services (DSS) or a licensed adoption agency of a dependent 46 child from a prospective adoptive parent under rule 5.726(

b) or from a caregiver 47

17 who may meet the criteria for designation as a prospective adoptive parent under 1 rule 5.726(b). This rule does not apply if the caregiver requests the child's removal. 2 3 (Subd (

a) amended effective July 1, 2010; previously amended effective January 1, 2007.) 4 5 (b)–(i) *** 6 7 Rule 5.727 amended effective July 1, 2010; adopted as rule 1463.3 effective July 1, 2006; 8 previously amended and renumbered effective January 1, 2007; previously amended effective 9 January 1, 2008. 10 11 Rule 5.728. Emergency removal (§ 366.26(n)) 12 13 (

a) Application of rule 14 15 This rule applies, after termination of parental rights or, in the case of tribal 16 customary adoption, modification of parental rights, to the removal by the 17 Department of Social Services (DSS) or a licensed adoption agency of a dependent 18 child from a prospective adoptive parent under rule 5.726(

b) or from a caregiver 19 who may meet the criteria for designation as a prospective adoptive parent under 20 rule 5.726(

b) when the DSS or the licensed adoption agency has determined a 21 removal must occur immediately due to a risk of physical or emotional harm. This 22 rule does not apply if the child's removal is carried out at the request of the 23 caregiver. 24 25 (Subd (

a) amended effective July 1, 2010; previously amended effective January 1, 2007.) 26 27 (b)–(g) *** 28 29 Rule 5.728 amended effective July 1, 2010; adopted as rule 1463.5 effective July 1, 2006; 30 previously amended and renumbered effective January 1, 2007; previously amended effective 31 January 1, 2008. 32 33 Rule 5.730. Adoption 34 35 (a)–(e) *** 36 37 (

f) Consent 38 39

(1) At the hearing, each adoptive parent and the child, if 12 years of age or older, 40 must execute Adoption Agreement (form ADOPT-210) in the presence of and 41 with the acknowledgment of the court. 42 43

(2) If the child to be adopted is 12 years of age or older, he or she must also 44 execute Adoption Agreement (form ADOPT-210), except in the case of a 45 tribal customary adoption. 46 47

18 1 (Subd (

f) amended effective July 1, 2010; previously amended effective January 1, 1999, 2 January 1, 2004, and January 1, 2007.) 3 4 (g) *** 5 6 Rule 5.730 amended effective July 1, 2010; adopted as rule 1464 effective July 1, 1995; 7 previously amended effective January 1, 1996, January 1, 1999, and January 1, 2004; previously 8 amended and renumbered effective January 1, 2007. 9 10 12 Advisory Committee Comment 11 30 Family Code

section 8600.5 exempts tribal customary adoption from various provisions of the 13 Family Code applicable to adoptions generally, including

section 8602, which requires the 14 consent of a child over the age of 12 to an adoption. However, under Welfare and Institutions 15 Code

section 366.24(c)(7), “[t]he child, birth parents, or Indian custodian and the tribal customary 16 adoptive parents and their counsel, if applicable, may present evidence to the tribe regarding the 17 tribal customary adoption and the child’s best interest.” Under Welfare and Institutions Code 18

section 317(e), for all children over 4 years of age, the attorney for the child must determine the 19 child’s wishes and advise the court of the child’s wishes. Welfare and Institutions Code

section 20 361.31(

e) provides that “[w]here appropriate, the placement preference of the Indian child, when 21 of sufficient age, . . . shall be considered.” This is consistent with Guideline F-3 of the Guidelines 22 for State Courts; Indian Child Custody Proceedings issued by the Bureau of Indian Affairs on 23 November 26, 1979, which recognizes that the request and wishes of a child of sufficient age are 24 important in making an effective placement.

The committee concludes, therefore, that while the 25 consent of a child over the age of 12 is not required for a tribal customary adoption, the wishes of 26 a child are still an important and appropriate factor for the court to consider and for children's 27 counsel to ascertain and present to the court when determining whether tribal customary adoption 28 is the appropriate permanent plan for an Indian child. 29 Rule 5.740. Hearings subsequent to a permanent plan (§§ 366.26, 366.3, 391) 31 32 (

a) Review hearings— adoption and guardianship 33 34 Following an order for termination of parental rights or, in the case of tribal 35 customary adoption, modification of parental rights, or a plan for the establishment 36 of a guardianship under

section 366.26, the court must retain jurisdiction and 37 conduct review hearings at least every 6 months to ensure the expeditious 38 completion of the adoption or guardianship. 39 40 (1)–(4) *** 41 42 (Subd (

a) amended effective July 1, 2010; repealed and adopted effective January 1, 1991; 43 previously amended effective January 1, 1992, January 1, 1993, July 1, 1999, January 1, 44 2005, January 1, 2006, and January 1, 2007.) 45 46 (b)–(d) *** 47 48

19 Rule 5.740 amended effective July 1, 2010; adopted as rule 1465 effective January 1, 1991; 1 renumbered as rule 1466 effective July 1, 1995; previously amended effective January 1, 1992, 2 January 1, 1993, January 1, 1994, July 1, 1994, January 1, 1998, January 1, 1999, July 1, 1999, 3 July 1, 2002, January 1, 2005, and January 1, 2006; previously amended and renumbered 4 effective January 1, 2007. 5 6 Rule 7.703. Extraordinary compensation 7 8 (a)–(d) *** 9 10 (

e) Use of paralegals in the performance of extraordinary services 11 12 Extraordinary legal services may include the services of a paralegal as defined in 13 Business and Professions Code

section 6450(

a) acting under the direction and 14 supervision of an attorney. only if the A request for extraordinary legal fees for a 15 the paralegal’s services must: 16 17

(1) Describes the qualifications of the paralegal (including education, 18 certification, continuing education, and experience). The description must 19 state that the paralegal: 20 21 (

A) Acted under the direction and supervision of an attorney; 22 23 (

B) Satisfies one or more of the minimum qualifications specified in 24 Business and Professions Code

section 6450(c); and 25 26 (

C) Has completed mandatory continuing education required by Business 27 and Professions Code

section 6450(

d) for the last two-year certification 28 period ending before the year during which any part of the paralegal’s 29 services were performed. 30 31

(2) States the hours spent by the paralegal and the hourly rate requested for the 32 paralegal’s services; 33 34

(3) Describes the services performed by the paralegal; 35 36

(4) States why it was appropriate to use the paralegal’s services in the particular 37 case; and 38 39

(5) Demonstrates that the total amount requested for the extraordinary services of 40 the attorney and the paralegal does not exceed the amount appropriate if the 41 attorney had performed the services without the paralegal’s assistance. 42 43 (Subd (

e) amended effective July 1, 2010.) 44 45 Rule 7.703 amended effective July 1, 2010; adopted effective January 1, 2003; previously 46 amended effective January 1, 2007. 47

20 1 Rule 8.25. Service and filing 2 3 (a) *** 4 5 (

b) Filing 6 7

(1) A document is deemed filed on the date the clerk receives it. 8 9

(2) Unless otherwise provided by these rules or other law, a filing is not timely 10 unless the clerk receives the document before the time to file it expires. 11 12

(3) A brief, a petition for rehearing, an answer to a petition for rehearing, a 13 petition for review, an answer to a petition for review, or a reply to an answer 14 to a petition for review is timely if the time to file it has not expired on the 15 date of: 16 17 (

A) Its mailing by priority or express mail as shown on the postmark or the 18 postal receipt; or 19 20 (

B) Its delivery to a common carrier promising overnight delivery as shown 21 on the carrier’s receipt. 22 23

(4) The provisions of (3) do not apply to original proceedings. 24 25

(5) If the clerk receives a document by mail from an inmate or a patient in a 26 custodial institution after the period for filing the document has expired but 27 the envelope shows that the document was mailed or delivered to custodial 28 officials for mailing within the period for filing the document, the document 29 is deemed timely. The clerk must retain in the case file the envelope in which 30 the document was received. 31 32 (Subd (

b) amended effective July 1, 2010; previously amended effective January 1, 2007, 33 and January 1, 2009.) 34 35 Rule 8.25 amended effective July 1, 2010; adopted as rule 40.1 effective January 1, 2005; 36 previously amended and renumbered effective January 1, 2007; previously amended effective 37 January 1, 2009. 38 39 Advisory Committee Comment 40 41 Subdivision (a). *** 42 43 Subdivision (b)(2). In general, to be filed on time, a document must be received by the clerk 44 before the time for filing that document expires. There are, however, some limited exceptions to 45 this general rule.

For example, (5) the rules currently provides that if the superior court clerk 46 receives a notice of appeal in a criminal, juvenile, or conservatorship case or notice of intent in a 47

21 juvenile dependency case document by mail from a custodial institution after the deadline for 1 filing the notice document has expired but the envelope shows that the notice document was 2 mailed or delivered to custodial officials for mailing before the deadline expired, the notice 3 document is deemed timely (see rules 8.308(e), 8.400(f), 8.450(e)(5), 8.480(a)).

These This 4 provisions applies to notices of appeal as well as to other documents mailed from a custodial 5 institution and reflects the “prison-delivery” exception articulated by the California Supreme 6 Court in In re Jordan (1992) 4 Cal.4th 116 and Silverbrand v. County of Los Angeles (2009) 46 7 Cal.4th 106 9 . 8 16 Note that if a deadline runs from the date of filing, it runs from the date that the document is 10 actually received and deemed filed under (b)(1); neither (b)(3) nor (b)(5) changes that date.

Nor 11 do these provisions extend the date of finality of an appellate opinion or any other deadline that is 12 based on finality, such as the deadline for the court to modify its opinion or order rehearing. 13 Subdivision (b)(5) is also not intended to limit a criminal defendant’s appeal rights under the case 14 law of constructive filing. (See, e.g., In re Benoit (1973) 10 Cal.3d 72.) 15 17 Title 8. Appellate Rules 18 19 Division 1. Rules Relating to the Supreme Court and Courts of Appeal 20 21

Chapter 1. General Provisions 22 23

Article 4. E-filing Pilot Project in Second Appellate District 24 25 Rule 8.70. Purpose, application, and construction 26 27 (

a) Purpose 28 29 The purpose of the rules in this

article is to facilitate the implementation and testing 30 of an e-filing project in the Court of Appeal, Second Appellate District. 31 32 (

b) Application 33 34 Notwithstanding any other rules to the contrary, the rules in this

article govern 35 filing and service by electronic means in the Court of Appeal, Second Appellate 36 District. 37 38 (

c) Construction 39 40 The rules in this

article must be construed to authorize and permit filing and service 41 by electronic means to the extent feasible. 42 43 Rule 8.70 adopted effective July 1, 2010. 44 45 Rule 8.71.

Definitions 46 47 As used in this article, unless the context otherwise requires: 48

22 1 (1) 3 “The court” is the Court of Appeal, Second Appellate District. 2 (2) 5 A document may be in paper or electronic form. A “document” is: 4 (

A) Any filing submitted to the reviewing court, including a brief, a petition, an 6 appendix, or a motion; 7 8 (

B) Any document transmitted by a trial court to the reviewing court, including a 9 notice or a clerk’s or reporter’s transcript; or 10 11 (

C) Any writing prepared by the reviewing court, including an opinion, an order, 12 or a notice. 13 14 (3) 17 An “electronic filer” is a party filing a document in electronic form directly with 15 the court, by an agent, or through an electronic filing service provider. 16 (4) 20 “Electronic filing” is the electronic transmission of a document in electronic form 18 to a court. 19 (5) 25 An “electronic filing service provider” is a person or entity that receives an 21 electronic filing from a party for retransmission to the court.

In submission of 22 filings, the electronic filing service provider does so on behalf of the electronic filer 23 and not as an agent of the court. 24 (6) 29 “Electronic service” is the electronic transmission of a document to a party’s 26 electronic notification address, either directly or through an electronic filing service 27 provider, for the purpose of effecting service. 28 (7) 32 “Electronic notification address” of a party means the electronic address at or 30 through which the party has authorized electronic service. 31 Rule 8.71 adopted effective July 1, 2010. 33 34 Rule 8.72.

Documents that may be filed electronically 35 36 (

a) In general 37 38 The court may permit electronic filing of a document by a party or trial court in any 39 appeal or original proceeding unless the rules in this

article or other legal authority 40 expressly prohibit electronic filing. 41 42 (

b) Application for waiver of court fees and costs 43 44 The court may permit electronic filing of an application for waiver of court fees and 45 costs in any proceeding in which the court accepts electronic filings. 46 47

23 (

c) Orders, opinions, and notices 1 2 The court may electronically file any notice, order, opinion, or other document 3 prepared by the court. 4 5 (

d) Effect of document filed electronically 6 7

(1) A document that the court, a party, or a trial court files electronically under 8 the rules in this

article has the same legal effect as a document in paper form. 9 10

(2) Filing a document electronically does not alter any filing deadline. 11 12 Rule 8.72 adopted effective July 1, 2010. 13 14 Rule 8.73. Court order requiring electronic service or filing 15 16 (

a) Court order 17 18

(1) The court may, on the motion of any party or on its own motion, after finding 19 that such an order would not cause undue hardship or significant prejudice to 20 any party, order all parties to: 21 22 (

A) Serve all documents electronically, except when personal service is 23 required by statute or rule; 24 25 (

B) File all documents electronically; or 26 27 (

C) Serve and file all documents electronically, except when personal 28 service is required by statute or rule. 29 30

(2) The court will not: 31 32 (

A) Order a self-represented party to electronically serve or file documents; 33 34 (

B) Order a party to electronically serve or file documents if the party 35 would be required to pay a fee to an electronic filing service provider to 36 file or serve the documents and the party objects to paying this fee in its 37 opposition to the motion under (1); or 38 39 (

C) Order a trial court to electronically serve or file documents. 40 41

(3) If the reviewing court proposes to make an order under (1) on its own motion, 42 the court must mail notice to the parties. Any party may serve and file an 43 opposition within 10 days after the notice is mailed or as the court specifies. 44 45 (

b) Additional provisions of order 46 47

24 The court’s order may also provide that documents previously filed in paper form 1 may be resubmitted in electronic form. 2 3 (

c) Filing in paper form 4 5 When it is not feasible for a party to convert a document to electronic form by 6 scanning, imaging, or another means, the court may allow that party to serve, file, 7 or serve and file the document in paper form. 8 9 Rule 8.73 adopted effective July 1, 2010. 10 11 Rule 8.74. Responsibilities of court 12 13 (

a) Publication of electronic filing requirements 14 15 When the court permits electronic filing it will publish, in both electronic and print 16 formats, the court’s electronic filing requirements. 17 18 (

b) Problems with electronic filing 19 20 If the court is aware of a problem that impedes or precludes electronic filing, it 21 must promptly take reasonable steps to provide notice of the problem. 22 23 Rule 8.74 adopted effective July 1, 2010. 24 25 Rule 8.75. Contracts with electronic filing service providers 26 27 (

a) Right to contract 28 29

(1) The court may contract with one or more electronic filing service providers to 30 furnish and maintain an electronic filing system for the court. 31 32

(2) If the court contracts with an electronic filing service provider, the court may 33 require electronic filers to transmit the documents to the provider. 34 35

(3) If there is a single provider or an in-house system, the court must accept 36 filing from other electronic filing service providers to the extent it is 37 compatible with them. 38 39 (

b) Provisions of contract 40 41 The court’s contract with an electronic filing service provider may allow the 42 provider to charge electronic filers a reasonable fee in addition to the court’s filing 43 fee. The contract may also allow the electronic filing service provider to make other 44 reasonable requirements for use of the electronic filing system. 45 46

25 (

c) Transmission of filing to court 1 2 An electronic filing service provider must promptly transmit any electronic filing 3 and the applicable filing fee to the court. 4 5 (

d) Confirmation of receipt and filing of document 6 7

(1) An electronic filing service provider must promptly send to an electronic filer 8 its confirmation of the receipt of any document that the filer has transmitted 9 to the provider for filing with the court. 10 11

(2) The electronic filing service provider must send its confirmation to the filer’s 12 electronic notification address and must indicate the date and time of receipt, 13 in accordance with rule 8.79(a). 14 15

(3) After reviewing the documents, the court must promptly transmit to the 16 electronic filing service provider and the electronic filer the court’s 17 confirmation of filing or notice of rejection of filing, in accordance with rule 18 8.79. 19 20 (

e) Ownership of information 21 22 All contracts between the court and electronic filing service providers must 23 acknowledge that the court is the owner of the contents of the filing system and has 24 the exclusive right to control the system’s use. 25 26 Rule 8.75 adopted effective July 1, 2010. 27 28 Rule 8.76. Responsibilities of electronic filer 29 30 (

a) Conditions of filing 31 32 Each electronic filer agrees to, and must: 33 34

(1) Comply with any court requirements designed to ensure the integrity of 35 electronic filing and to protect sensitive personal information; 36 37

(2) Furnish information that the court requires for case processing; 38 39

(3) Take all reasonable steps to ensure that the filing does not contain computer 40 code, including viruses, that might be harmful to the court’s electronic filing 41 system and to other users of that system; 42 43

(4) Furnish one or more electronic notification addresses, in the manner specified 44 by the court, at which the electronic filer agrees to accept service; and 45 46

(5) Immediately provide the court and all parties with any change to the 1 electronic filer’s electronic notification address. 2 3 (

b) Format of documents to be filed electronically 4 5 A document that is filed electronically with the court must be in a format specified 6 by the court unless it cannot be created in that format. The format adopted by a 7 court must meet the following requirements: 8 9

(1) The software for creating and reading documents must be in the public 10 domain or generally available at a reasonable cost. 11 12

(2) The printing of documents must not result in the loss of document text, 13 format, or appearance. 14 15 If a document is filed electronically under the rules in this

article and cannot be 16 formatted to be consistent with a formatting rule elsewhere in the California Rules 17 of Court, the rules in this

article prevail. 18 19 Rule 8.76 adopted effective July 1, 2010. 20 21 Rule 8.77. Requirements for signatures on documents 22 23 (

a) Documents signed under penalty of perjury 24 25 If a document to be filed must be signed under penalty of perjury, the document 26 may be filed electronically provided that the original, signed verification page or 27 pages are filed with the court within 5 calendar days. 28 29 (

b) Documents not signed under penalty of perjury 30 31 If a document does not require a signature under penalty of perjury, the document 32 is deemed signed by the party if the document is filed electronically. 33 34 (

c) Documents requiring signatures of opposing parties 35 36 When a document to be filed electronically, such as a stipulation, requires the 37 signatures of opposing parties, the following procedure applies: 38 39

(1) The party filing the document must obtain the signatures of all parties on a 40 printed form of the document. By electronically filing the document, the 41 electronic filer indicates that all parties have signed the document and that the 42 filer has the signed original in his or her possession. 43 44

(2) The party filing the document must maintain the original, signed document 45 and must make it available for inspection and copying at the request of the 46 court or any other party. 47

27 1

(3) At any time after the document is filed, any other party may serve a demand 2 for production of the original signed document. The demand must be served 3 on all other parties but need not be filed with the court. 4 5

(4) Within five days of service of the demand under (3), the party on whom the 6 demand is made must make the original signed document available for 7 inspection and copying by all other parties. 8 9

(5) At any time after the document is filed, the court may order the filing party to 10 produce the original signed document in court for inspection and copying by 11 the court. The order must specify the date, time, and place for the production 12 and must be served on all parties. 13 14 (

d) Digital signature 15 16 A party is not required to use a digital signature on an electronically filed 17 document. 18 19 (

e) Judicial signatures 20 21 If a document requires a signature by a court or a judicial officer, the document 22 may be electronically signed in any manner permitted by law. 23 24 Rule 8.77 adopted effective July 1, 2010. 25 26 Rule 8.78. Payment of filing fees 27 28 (

a) Use of credit cards and other methods 29 30 The court may permit the use of credit cards, debit cards, electronic fund transfers, 31 or debit accounts for the payment of filing fees associated with electronic filing, as 32 provided in Government Code

section 6159 and other applicable law. The court 33 may also authorize other methods of payment. 34 35 (

b) Fee waivers 36 37 Eligible persons may seek a waiver of court fees and costs, as provided in 38 Government Code

section 68634.5 and rule 8.26. 39 40 Rule 8.78 adopted effective July 1, 2010. 41 42 44 Advisory Committee Comment 43 47 Subdivision (b). A fee charged by an electronic filing service provider under rule 8.75(

b) is not a 45 court fee that can be waived under Government Code

section 68634.5 and rule 8.26. 46

28 Rule 8.79. Actions by court on receipt of electronic filing 1 2 (

a) Confirmation of receipt and filing of document 3 4

(1) Confirmation of receipt 5 6 When the court receives an electronically submitted document, the court must 7 promptly send the electronic filer confirmation of the court’s receipt of the 8 document, indicating the date and time of receipt. A document is considered 9 received at the date and time the confirmation of receipt is created. 10 11

(2) Confirmation of filing 12 13 If the document received by the court under (1) complies with filing 14 requirements, the court must promptly send the electronic filer confirmation 15 that the document has been filed. The filing confirmation must indicate the 16 date and time of filing and is proof that the document was filed on the date 17 and at the time specified. The filing confirmation must also specify: 18 19 (

A) Any transaction number associated with the filing; 20 21 (

B) The titles of the documents as filed by the court; and 22 23 (

C) The fees assessed for the filing. 24 25

(3) Transmission of confirmations 26 27 The court must send receipt and filing confirmation to the electronic filer at 28 the electronic notification address that the filer furnished to the court under 29 rule 8.76(a)(4). The court must maintain a record of all receipt and filing 30 confirmations. 31 32

(4) Filer responsible for verification 33 34 In the absence of the court’s confirmation of receipt and filing, there is no 35 presumption that the court received and filed the document. The electronic 36 filer is responsible for verifying that the court received and filed any 37 document that the electronic filer submitted to the court electronically. 38 39 (

b) Notice of rejection of document for filing 40 41 If the clerk does not file a document because it does not comply with applicable 42 filing requirements, the court must promptly send notice of the rejection of the 43 document for filing to the electronic filer. The notice must state the reasons that the 44 document was rejected for filing. 45 46

29 (

c) Document filed after close of business 1 2 A document that is filed electronically with the court after 11:59 p.m. is deemed to 3 have been filed on the next court day. 4 5 (

d) Delayed delivery 6 7 If a technical problem with a court’s electronic filing system prevents the court 8 from accepting an electronic filing on a particular court day, and the electronic filer 9 demonstrates that he or she attempted to electronically file the document on that 10 day, the court must deem the document as filed on that day. 11 12 (

e) Endorsement 13 14

(1) The court’s endorsement of a document electronically filed must contain the 15 following: “Electronically filed by California Court of Appeal, Second 16 Appellate District, on _____ (date),” followed by the name of the court clerk. 17 18

(2) The endorsement required under (1) has the same force and effect as a 19 manually affixed endorsement stamp with the signature and initials of the 20 court clerk. 21 22

(3) A record on appeal, brief, or petition in an appeal or original proceeding that 23 is filed and endorsed electronically may be printed and served on the 24 appellant or respondent in the same manner as if it had been filed in paper 25 form. 26 27 Rule 8.79 adopted effective July 1, 2010. 28 29 Rule 8.80. Electronic service 30 31 (

a) Consent to electronic service 32 33

(1) When a notice may be served by mail, express mail, overnight delivery, or 34 fax transmission, electronic service of the notice is permitted when 35 authorized by these rules. 36 37

(2) A party indicates that the party agrees to accept electronic service by: 38 39 (

A) Filing and serving a notice that the party accepts electronic service. The 40 notice must include the electronic notification address at which the 41 party agrees to accept service; or 42 43 (

B) Electronically filing any document with the court. The act of electronic 44 filing is evidence that the party agrees to accept service at the electronic 45 notification address that the party has furnished to the court under rule 46 8.76(a)(4). 47

30 1

(3) A party that has consented to electronic service under (2) and has used an 2 electronic filing service provider to file and serve documents in a case 3 consents to service on that electronic filing service provider as the designated 4 agent for service for the party in the case, until such time as the party 5 designates a different agent for service. 6 7 (

b) Maintenance of electronic service lists 8 9 When the court permits electronic filing in a case, it must maintain and make 10 available electronically to the parties an electronic service list that contains the 11 parties’ current electronic notification addresses, as provided by the parties that 12 have filed electronically in the case. 13 14 (

c) Service by the parties 15 16

(1) Notwithstanding (b), parties are responsible for electronic service on all other 17 parties in the case. A party may serve documents electronically directly, by 18 an agent, or through a designated electronic filing service provider. 19 20

(2) A document may not be electronically served on a nonparty unless otherwise 21 provided by law or court order. 22 23 (

d) Change of electronic notification address 24 25

(1) A party whose electronic notification address changes while the appeal or 26 original proceeding is pending must promptly file a notice of change of 27 address electronically with the court and must serve this notice electronically 28 on all other parties. 29 30

(2) A party’s election to contract with an electronic filing service provider to 31 electronically file and serve documents or to receive electronic service of 32 documents on the party’s behalf does not relieve the party of its duties under 33 (1). 34 35

(3) An electronic notification address is presumed valid for a party if the party 36 files electronic documents with the court from that address and has not filed 37 and served notice that the address is no longer valid. 38 39 (

e) When service is complete 40 41

(1) Electronic service is complete at the time of transmission. 42 43

(2) Service that occurs after 11:59 p.m. is deemed to have occurred on the next 44 court day. 45 46

31 (

f) Proof of service 1 2

(1) Proof of electronic service may be by any of the methods provided in Code of 3 Civil Procedure

section 1013a, except that the proof of service must state: 4 5 (

A) The electronic notification address of the person making the service, in 6 addition to that person’s residence or business address; 7 8 (

B) The date and time of the electronic service, instead of the date and 9 place of deposit in the mail; 10 11 (

C) The name and electronic notification address of the person served, in 12 place of that person’s name and address as shown on the envelope; and 13 14 (

D) That the document was served electronically, in place of the statement 15 that the envelope was sealed and deposited in the mail with postage 16 fully prepaid. 17 18

(2) Proof of electronic service may be in electronic form and may be filed 19 electronically with the court. 20 21

(3) The party filing the proof of electronic service must maintain the printed 22 form of the document bearing the declarant’s original signature and must 23 make the document available for inspection and copying on the request of the 24 court or any party to the action or proceeding in which it is filed, in the 25 manner provided in rule 8.77(c). 26 27 (

g) Electronic service by court 28 29 The court may electronically serve any notice, order, opinion, or other document 30 issued by the court in the same manner that parties may serve documents by 31 electronic service. 32 33 Rule 8.80 adopted effective July 1, 2010. 34 35 Rule 8.104. Time to appeal 36 37 (a)–(b) *** 38 39 Advisory Committee Comment 40 41 Subdivision (a). *** 42 43 Subdivision (b). See rule 8.25(b)(5) for provisions concerning the timeliness of documents 44 mailed by inmates and patients from custodial institutions. Subdivision (

b) is declarative of the 45 case law, which holds that the reviewing court lacks jurisdiction to excuse a late-filed notice of 46

32 appeal. (Hollister Convalescent Hosp., Inc. v. Rico (1975) 15 Cal.3d 660, 666–674; Estate of 1 Hanley (1943) 23 Cal.2d 120, 122–124.) 2 3 In criminal cases, the time for filing a notice of appeal is governed by rule 8.308 and by the case 4 law of “constructive filing.” (See, e.g., In re Jordan (1992) 4 Cal.4th 116; In re Benoit (1973) 10 5 Cal.3d 72.) 6 7 Rule 8.216. Appeals in which a party is both appellant and respondent 8 9 (a)–(b) *** 10 11 Advisory Committee Comment 12 *** 13 14 Subdivision (b).

The purpose of subdivision (b)(2)(3) 18 is to ensure that in its reply brief a party 15 addresses only issues germane to its own appeal. For example, a cross-appellant may not use its 16 cross-appellant’s reply brief to answer points raised in the appellant’s reply brief. 17 Rule 8.308. Time to appeal 19 20 (a)–(d) *** 21 22 (

e) Receipt by mail from custodial institution 23 24 If the superior court clerk receives a notice of appeal by mail from a custodial 25 institution after the period specified in (

a) has expired but the envelope shows that 26 the notice was mailed or delivered to custodial officials for mailing within the 27 period specified in (a), the notice is deemed timely. The clerk must retain in the 28 case file the envelope in which the notice was received. 29 30 Rule 8.308 amended effective July 1, 2010; adopted as rule 30.1 effective January 1, 2004; 31 previously amended and renumbered effective January 1, 2007; previously amended effective 32 January 1, 2005, July 1, 2007, and January 1, 2008. 33 34 Advisory Committee Comment 35 36 Subdivision (c). *** 37 38 Subdivision (d).

See rule 8.25(b)(5) for provisions concerning the timeliness of documents 39 mailed by inmates or patients from custodial institutions. 43 The subdivision is not intended to limit 40 a defendant’s appeal rights under the case law of constructive filing. (See, e.g., In re Jordan 41 (1992) 4 Cal.4th 116; In re Benoit (1973) 10 Cal.3d 72.) 42 Rule 8.406. Time to appeal 44 45 (a)–(b) *** 46 47

33 (

c) Receipt by mail from custodial institution 1 2 If the superior court clerk receives a notice of appeal by mail from a custodial 3 institution after the period specified in (

a) has expired but the envelope shows that 4 the notice was mailed or delivered to custodial officials for mailing within the 5 period specified in (a), the notice is deemed timely. The clerk must retain in the 6 case file the envelope in which the notice was received. 7 8 (d)(c) *** 9 10 (Subd (

c) relettered effective July 1, 2010; adopted as subd (

d) effective July 1, 2010.) 11 12 (e)(d) *** 13 14 (Subd (

d) relettered effective July 1, 2010; adopted as subd (

e) effective July 1, 2010.) 15 16 Rule 8.406 amended effective July 1, 2010; adopted effective July 1, 2010. 17 18 20 Advisory Committee Comment 19 23 Subdivision (c). See rule 8.25(b)(5) for provisions concerning the timeliness of documents 21 mailed by inmates or patients from custodial institutions. 22 Rule 8.450. Notice of intent to file writ petition to review order setting hearing 24 under Welfare and Institutions Code

section 366.26 25 26 (a)–(d) *** 27 28 (

e) Notice of intent 29 30 (1)–(4) *** 31 32

(5) If the superior court clerk receives a notice of intent by mail from a party in a 33 custodial institution after the time specified in (4) has expired but the 34 envelope containing the notice of intent shows that it was mailed or delivered 35 to custodial officials for mailing within the time specified in (4), the notice is 36 deemed timely. The clerk must retain in the case file the envelope in which 37 the notice was received. 38 39 (Subd (

e) amended effective July 1, 2010; previously amended effective January 1, 2007, 40 and July 1, 2010.) 41 42 (f)–(i) *** 43 44 Rule 8.450 amended effective July 1, 2010; adopted as rule 38 effective January 1, 2005; 45 previously amended and renumbered effective January 1, 2007; previously amended effective 46 January 1, 2006, July 1, 2006, January 1, 2008, January 1, 2009, and July 1, 2010. 47

34 1 Advisory Committee Comment 2 3 Subdivision (d). *** 4 5 8 Subdivision (e)(4). See rule 8.25(b)(5) for provisions concerning the timeliness of documents 6 mailed by inmates or patients from custodial institutions. 7 Rule 8.454. Notice of intent to file writ petition under Welfare and Institutions Code 9

section 366.28 to review order designating specific placement of a dependent 10 child after termination of parental rights 11 12 *** 13 14 16 Advisory Committee Comment 15 19 Subdivision (f)(2). See rule 8.25(b)(5) for provisions concerning the timeliness of documents 17 mailed by inmates or patients from custodial institutions. 18 Rule 8.500. Petition for review 20 21 *** 22 23 Advisory Committee Comment 24 25 Subdivision (a). *** 26 27 Subdivision (e). Subdivision (e)(1) provides that a petition for review must be served and filed 28 within 10 days after the Court of Appeal decision is final in that court.

Finality in the Court of 29 Appeal is generally governed by rules 8.264(b) (civil appeals), 8.366(b) (criminal appeals), 30 8.387(b) (habeas corpus proceedings), and 8.480 8.490(b) 40 (proceedings for writs of mandate, 31 certiorari, and prohibition). These rules declare the general rule that a Court of Appeal decision is 32 final in that court 30 days after filing. They then carve out specific exceptions— decisions that 33 they declare to be final immediately on filing (see rules 8.264(b)(2), 8.366(b)(2), and 34 8.490(b)(1)).

The plain implication is that all other Court of Appeal orders— specifically, 35 interlocutory orders that may be the subject of a petition for review— are not final on filing.

This 36 implication is confirmed by current practice, in which parties may be allowed to apply for— and 37 the Courts of Appeal may grant— reconsideration of such interlocutory orders; reconsideration, of 38 course, would be impermissible if the orders were in fact final on filing. 39 Contrary to paragraph (2) of subdivision (e), paragraphs (4) and (5) do not prohibit extending the 41 time to file an answer or reply; because the subdivision thus expressly forbids an extension of 42 time only with respect to the petition for review, by clear negative implication it permits an 43 application to extend the time to file an answer or reply under rule 8.50. 44 45 48 See rule 8.25(b)(5) for provisions concerning the timeliness of documents mailed by inmates or 46 patients from custodial institutions. 47 Subdivision (f). *** 49

35 1 Rule 8.817. Service and filing 2 3 (a) *** 4 5 (

b) Filing 6 7 (1)–(4) *** 8 9

(5) If the clerk receives a document by mail from an inmate or a patient in a 10 custodial institution after the period for filing the document has expired but 11 the envelope shows that the document was mailed or delivered to custodial 12 officials for mailing within the period for filing the document, the document 13 is deemed timely. The clerk must retain in the case file the envelope in which 14 the document was received. 15 16 (Subd (

b) amended effective July 1, 2010.) 17 18 Rule 8.817 amended effective July 1, 2010; adopted effective January 1, 2009. 19 20 Advisory Committee Comment 21 22 Subdivision (a). *** 23 24 Subdivision (b)(2). In general, to be filed on time, a document must be received by the clerk 25 before the time for filing that document expires. There are, however, some limited exceptions to 26 this general rule.

For example, rule 8.853(e) (5) provides that in a misdemeanor appeal, if the 27 superior court clerk receives a notice of appeal document by mail from a custodial institution 28 after the deadline for filing the notice document has expired but the envelope shows that the 29 notice document was mailed or delivered to custodial officials for mailing before the deadline 30 expired, the notice document is deemed timely. This provision reflects the “prison-delivery” 31 exception articulated by the California Supreme Court in In re Jordan (1992) 4 Cal.4th 116 and 32 Silverbrand v.

County of Los Angeles (2009) 46 Cal.4th 106 34 . 33 41 Note that if a deadline runs from the date of filing, it runs from the date that the document is 35 actually received and deemed filed under (b)(1); neither (b)(3) nor (b)(5) changes that date.

Nor 36 do these provisions extend the date of finality of an appellate opinion or any other deadline that is 37 based on finality, such as the deadline for the court to modify its opinion or order rehearing. 38 Subdivision (b)(5) is also not intended to limit a criminal defendant’s appeal rights under the case 39 law of constructive filing. (See, e.g., In re Benoit (1973) 10 Cal.3d 72.) 40 Rule 8.822. Time to appeal 42 43 *** 44 45 Advisory Committee Comment 46 47 Under rule 8.804(23), the term “judgment” includes any order that may be appealed. 48

36 1 4 Subdivision (d). See rule 8.817(b)(5) for provisions concerning the timeliness of documents 2 mailed by inmates or patients from custodial institutions. 3 Rule 8.835. Record when trial proceedings were officially electronically recorded 5 6 (a)–(b) *** 7 8 (

c) Use of official recording as record of oral proceedings 9 10 If the court has a local rule for the appellate division permitting this, on stipulation 11 of the parties or on order of the trial court under rule 8.837(d)(6), the original of an 12 official electronic recording of the trial court proceedings, or a copy made by the 13 court, may be transmitted as the record of these oral proceedings without being 14 transcribed. Such an official electronic recording satisfies any requirement in these 15 rules or in any statute for a reporter’s transcript of these proceedings. 16 17 (Subd (

c) amended effective July 1, 2010.) 18 19 (d) *** 20 21 Rule 8.835 amended effective July 1, 2010; adopted effective January 1, 2009. 22 23 Rule 8.853. Time to appeal 24 25 (a)–(d) *** 26 27 (

e) Receipt by mail from custodial institution 28 29 If the trial court clerk receives a notice of appeal by mail from a custodial 30 institution after the period specified in (

a) has expired but the envelope shows that 31 the notice was mailed or delivered to custodial officials for mailing within the 32 period specified in (a), the notice is deemed timely. The clerk must retain in the 33 case file the envelope in which the notice was received. 34 35 Rule 8.853 amended effective July 1, 2010; adopted effective January 1, 2009. 36 37 39 Advisory Committee Comment 38 42 Subdivision (d). See rule 8.817(b)(5) for provisions concerning the timeliness of documents 40 mailed by inmates or patients from custodial institutions. 41 Rule 8.868. Record when trial proceedings were officially electronically recorded 43 44 (a)–(b) *** 45 46

37 (

c) Use of official recording as record of oral proceedings 1 2 If the court has a local rule for the appellate division permitting this, on stipulation 3 of the parties or on order of the trial court under rule 8.869(d)(5)(6), the original of 4 an official electronic recording of the trial court proceedings, or a copy made by the 5 court, may be transmitted as the record of these oral proceedings without being 6 transcribed. Such an electronic recording satisfies any requirement in these rules or 7 in any statute for a reporter’s transcript of these proceedings. 8 9 (Subd (

c) amended effective July 1, 2010.) 10 11 (d) *** 12 13 Rule 8.868 amended effective July 1, 2010; adopted effective January 1, 2009. 14 15 Rule 8.902. Time to appeal 16 17 (a)–(d) *** 18 19 (

e) Receipt by mail from custodial institution 20 21 If the trial court clerk receives a notice of appeal by mail from a custodial 22 institution after the period specified in (

a) has expired but the envelope shows that 23 the notice was mailed or delivered to custodial officials for mailing within the 24 period specified in (a), the notice is deemed timely. The clerk must retain in the 25 case file the envelope in which the notice was received. 26 27 Rule 8.902 amended effective July 1, 2010; adopted effective January 1, 2009. 28 29 31 Advisory Committee Comment 30 34 Subdivision (d). See rule 8.817(b)(5) for provisions concerning the timeliness of documents 32 mailed by inmates or patients from custodial institutions. 33 Rule 8.917. Record when trial proceedings were officially electronically recorded 35 36 (a)–(b) *** 37 38 (

c) Use of official recording as record of oral proceedings 39 40 If the court has a local rule for the appellate division permitting this, on stipulation 41 of the parties or on order of the trial court under rule 8.916(b)(d)(6), the original of 42 an official electronic recording of the trial court proceedings, or a copy made by the 43 court, may be transmitted as the record of these oral proceedings without being 44 transcribed. This official electronic recording satisfies any requirement in these 45 rules or in any statute for a reporter’s transcript of these proceedings. 46 47

38 (Subd (

c) amended effective July 1, 2010.) 1 2 (d) *** 3 4 Rule 8.917 amended effective July 1, 2010; adopted effective January 1, 2009. 5 6 Rule 10.603. Authority and duties of presiding judge 7 8 (a)–(b) *** 9 10 (

c) Duties 11 12 (1)–(3) *** 13 14

(4) Oversight of judicial officers 15 16 The presiding judge must: 17 18 (A)–(B) *** 19 20 (

C) Commissioners 21 22 (

i) Prepare and submit to the judges for consideration and 23 adoption procedures for receiving, inquiring into, and resolving 24 complaints lodged against court commissioners and referees, 25 consistent with rule 10.703; and 26 27 (ii) Notify the Commission on Judicial Performance if a 28 commissioner or referee is disciplined or resigns, consistent with 29 rule 10.703(k). 30 31 (D)–(E) 32 33

(5) Personnel 34 35 (

A) The presiding judge must provide general direction to and supervision 36 of the court executive officer, or, if the court has no executive officer, 37 perform the duties of the court executive regarding personnel as 38 specified in rule 10.610(c)(1). 39 40 (

B) The presiding judge must approve, in writing, the total compensation 41 package (salary and all benefits) offered to the court executive officer 42 at the time of the executive officer’s appointment and any subsequent 43 changes to the executive officer’s total compensation package. 44 45

(6) Budget and fiscal management 1 2 The presiding judge must: 3 4 (A) *** 5 6 (

B) Establish responsible budget priorities and submit budget requests that 7 will best enable the court to achieve its goals; and 8 9 (

C) Establish a documented process for setting and approving any changes 10 to the court executive officer’s total compensation package in a fiscally 11 responsible manner consistent with the court’s established budget; and 12 13 (C)(D) *** 14 15 (7)–(11) *** 16 17 (Subd (

c) amended effective July 1, 2010; previously amended effective January 1, 2001, 18 January 1, 2002, January 1, 2006, July 1, 2006, and January 1, 2007.) 19 20 (

d) Delegation 21 22 The presiding judge may delegate any of the specific duties listed in this rule to 23 another judge. or, Except for the duties listed in (c)(5)(

B) and (c)(6)(C), the 24 presiding judge may delegate to the court executive officer any of if the dutyies 25 listed in this rule that does not require the exercise of judicial authority, to the court 26 executive officer. The presiding judge remains responsible for all duties listed in 27 this rule even if he or she has delegated particular tasks to someone else. 28 29 (Subd (

d) amended effective July 1, 2010; previously amended effective January 1, 2007.) 30 31 Rule 10.603 amended effective July 1, 2010; adopted as rule 6.603 effective January 1, 2001; 32 previously amended effective January 1, 2002, January 1, 2006, and July 1, 2006; previously 33 amended and renumbered effective January 1, 2007. 34 35 Rule 10.703. Complaints against subordinate judicial officers Subordinate judicial 36 officers: complaints and notice requirements 37 38 (a)–(j) *** 39 40 (

k) Report Notice to the Commission on Judicial Performance 41 42

(1) If after a formal investigation under (

j) the complaint results in the a court 43 disciplines a subordinate judicial officer by written reprimand under (i)(4)(B) 44 or (j)(3)(

C) or (D), suspension, or removal of the subordinate judicial officer 45 for conduct that, if alleged against a judge, would be within the jurisdiction of 46 the commission under

article VI,

section 18 of the California Constitution, 47

40 the presiding judge must promptly forward to the commission a copy of the 1 portions of the court file on the complaint that reasonably reflect the basis of 2 the action taken by the court, including the complaint or allegations of 3 misconduct and the subordinate judicial officer’s response. This provision is 4 applicable even when the disciplinary action does not result from a written 5 complaint. 6 7

(2) If the a subordinate judicial officer resigns (

A) while an preliminary or 8 formal investigation under (

i) or (

j) is pending concerning conduct that, if 9 alleged against a judge, would be within the jurisdiction of the commission 10 under

article VI,

section 18 of the California Constitution, or (

B) under 11 circumstances that would lead a reasonable person to conclude that the 12 resignation was due, at least in part, to a complaint or allegation of 13 misconduct that, if alleged against a judge, would be within the jurisdiction 14 of the commission under

article VI,

section 18 of the California Constitution, 15 the presiding judge must, within 15 days of the resignation, or as soon 16 thereafter as is reasonably possible, forward to the commission the entire 17 court file on any pending complaint about or allegation of misconduct 18 committed by the subordinate judicial officer. 19 20

(3) On request by the commission, the presiding judge must forward to the 21 commission any requested information about regarding a complaint against 22 about or allegation of misconduct committed by a subordinate judicial 23 officer. 24 25 (Subd (

k) amended effective July 1, 2010; previously amended effective January 1, 2007.) 26 27 (l) *** 28 29 Rule 10.703 amended effective July 1, 2010; adopted as rule 6.655 effective November 20, 1998; 30 previously amended effective April 29, 1999, July 1, 2002, and January 1, 2006; previously 31 amended and renumbered effective January 1, 2007. 32 33 Rule 10.856. Notice of superior court records destruction 34 35 (a)–(g) *** 36 37 (

h) Forms 38 39 The court must use the following forms to implement the requirements of this rule: 40 41

(1) Notice of Intent to Destroy Superior Court Records; Offer to Transfer 42 Possession (form 982.8(1)(

N) REC-001(N), with a form on the reverse titled 43 Request for Transfer or Extension of Time for Retention of Superior Court 44 Records (form 982.8(1)(

R) REC-001(R)), for optional use by the recipient of 45 the notice; and 46 47

(2) Notice of Hearing on Request for Transfer or Extension of Time for Retention 1 of Superior Court Records; Court Order; Release and Receipt of Superior 2 Court Records (form 982.8(2)(

N) REC-002(N)). 3 4 (Subd (

h) amended effective July 1, 2010; adopted as subd (g); previously amended 5 effective January 1, 2001; previously amended and relettered effective January 1, 2007.) 6 7 Rule 10.856 amended effective July 1, 2010; adopted as rule 243.6 effective January 1, 1994; 8 previously amended effective July 1, 2001; previously amended and renumbered as rule 6.756 9 effective January 1, 2001, and as rule 10.856 effective January 1, 2007. 10 11